Case 2:06-cv-01945-WBS-DAD Document 11 Filed 09/08/2006 Page 1 of 3

1 Dana N. Gwaltney, SBN 209530

Sara J. Romano, SBN 227467
2 SHOOK, HARDY & BACON L.L.P.
333 Bush Street, Suite 600
3 San Francisco, California 94104
Telephone: (415) 544-1900
4 Facsimile: (415) 391-0281

5 Attorneys for Defendants

GUIDANT CORPORATION, GUIDANT SALES
6 CORPORATION, CARDIAC PACEMAKERS, INC.,
and BOSTON SCIENTIFIC CORPORATION
7

8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
(SACRAMENTO DIVISION)
11
RANDAL NOTESTINE, ) Case No. 2:06-cv-1945 WBS DAD
12 )
Plaintiff, )
13 ) STIPULATION AND ORDER TO CONTINUE
v. ) PRETRIAL DEADLINES
14 )
GUIDANT CORPORATION; GUIDANT )
15 SALES CORPORATION; CARDIAC )
PACEMAKERS, INC.; BOSTON SCIENTIFIC )
16 CORPORATION; RIDEOUT MEMORIAL )
HOSPITAL; and Does 1 through 100, inclusive, )
17 )
Defendants. )
18 )
)
19 )
)
20

21

22 IT IS HEREBY STIPULATED by and between the parties through their designated counsel

23 that the deadline for Defendants to answer or otherwise respond to Plaintiff’s Complaint in this

24 action should be extended. Defendants seek to transfer this case to the Multi-District Litigation

25 proceeding established in the United States District Court, District of Minnesota (“MDL court”), and

26 Plaintiff has indicated that he will soon be filing a motion to remand this case to state court.

27 Accordingly, the following deadlines will be modified as follows:

28

STIPULATION AND ORDER TO CONTINUE PRETRIAL DEADLINES

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1 The deadline for Defendants to file an answer or otherwise respond to Plaintiff’s complaint

2 shall be as follows:

3 (a) if the case is not remanded to state court, and is transferred to the MDL court, any

4 response will be due pursuant to a deadline set by the MDL court;

5 (b) if the case is not remanded and also is not transferred to the MDL court, any response

6 will be due thirty (30) days after the decision by the JPML denying transfer to the MDL court; or

7 (c) if the case is remanded, any response will be due thirty (30) days after the remand

8 decision by this Court.

9 The parties also stipulate that the November 20, 2006, status conference will be continued for

10 sixty (60) days until January 29, 2007 at 9:00 a.m. All other deadlines will be set pursuant to

11 Federal and local rule.

12 IT IS SO STIPULATED.

13

14 DATED: September 6, 2006 Respectfully submitted,

15 SHOOK, HARDY & BACON L.L.P.

16
By:____/s/ Dana N. Gwaltney_____________
17 DANA N. GWALTNEY
SARA J. ROMANO
18
Attorneys for Defendants
19 GUIDANT CORPORATION, GUIDANT SALES
CORPORATION, CARDIAC PACEMAKERS, INC.
20 and BOSTON SCIENTIFIC CORPORATION
21

22 DATED: September 6, 2006 Respectfully submitted,

23 GILLIN, JACOBSON, ELLIS & LARSEN

24
By:______/s/ Kristin Lucey_____________
25 LUKE ELLIS
KRISTIN LUCEY
26
Attorneys for Plaintiff
27 RANDAL NOTESTINE
28

STIPULATION AND ORDER TO CONTINUE PRETRIAL DEADLINES

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1 ORDER

2 Pursuant to stipulation, IT IS SO ORDERED.

4 Dated: September 7, 2006

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STIPULATION AND ORDER TO CONTINUE PRETRIAL DEADLINES

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